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96-22144 RESO Resolution No. 96-22144 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND JORGE MARTINEZ FOR THE PURPOSE OF PROVIDING ASSISTANCE TO THE CITY IN CONNECTION WITH AN ANTI-GRAFFITI PROGRAM. WHEREAS, the Mayor and City Commission recognize the serious problem regarding graffiti throughout the City; and WHEREAS, the City is desirous of entering into the attached Professional Services Agreement with Jorge Martinez, an independent contractor, to provide assistance in dealing with this serious graffiti problem (Agreement); and WHEREAS, the Agreement will be for a period of twelve (12) months with an effective date of October 1, 1996, and a termination date of September 30, 1997, for a total amount of $34,739.10, at $1,331.00 bi-weekly; and WHEREAS, the funds for the Agreement, in the aforstated amount, are available and may be appropriated from the Unclassified Special Projects Account for the Anti-Graffiti and Anti-Litter Campaign. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission approve the attached Professional Services Agreement between the City of Miami Beach and Jorge Martinez, an independent contractor, and authorize the Mayor and City Cle to execute the Agreement. PASSED and ADOPTED this 25th day of Septe her, 1996. ATTEST: R~lw.t ~~ck I UrHVi APPRO\.I ~.'.U City Clerk By r-t"-.~2 CI-ry OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. ~G, I-q la TO: Mayor Seymour Gelber and Members of the City Commission DATE: September 25, 1996 FROM: Jose Garcia_pedrosa/L City Manager EMPLOYMENT GREEMENT BETWEEN THE CITY OF MIAMI BEACH AND JORGE MARTINEZ FOR A PERIOD OF 12 MONTHS BEGINNING OCTOBER 1, 1996, AND ENDING SEPTEMBER 30, 1997 SUBJECT: ADMINISTRATION RECOMMENDATION: The Administration recommends the Mayor and City Commission approve to extend/renew the contractual Agreement between Jorge Martinez and the City of Miami Beach to maintain the coordination of the City's Anti-Graffiti Program. BACKGROUND: The City of Miami Beach is continually faced with an increasing number of graffiti incidents to City property throughout the entire City. While the Police Department responds to specific complaints, files reports arid enforces the law prohibiting defacing of private and pubic property, and while the Property Maintenance Division responds to specific sites, cleans and/or paints those surfaces that are defaced, the City is in need of a full-time Anti-Graffiti Coordinator to assess specific needs, conduct surveys, meet with property owners, attend Court Hearings and respond to those needs as required by the Administration. ANAL YSIS: The independent contractor has been involved in the coordination and implementation of the City's Anti-Graffiti Program for the past two years; using City resources and a volunteer force. He will continue to respond to all incidents of graffiti, conduct fact findings, coordinate with the Police Department and a Court Referral Program that will provide ongoing court ordered individuals in need of completing Community Service time as a means of keeping the City property graffiti free. The terms of this agreement are the same as the existing agreement with the exception of a 10% increase in compensation for a total of $2,662 per month; from the existing $2,420. The City agrees to pa1\for one-half of the Social Security Payment to the Federal Government. '\\ JGP:.JlP:blbm Attachments AGENDA ITEM C.1R \- q-2s:-g~ DATE AGREEMENT This Agreement is entered into between Mr. Jorge Martinez (Contractor) and the City of Miami Beach (City), for a period of 12 months, with an effective starting date of October 1, 1996, and a termination date of September 3D, 1997. This Agreement is for the purpose of evaluating and reducing graffiti throughout the City of Miami Beach, on an as-needed basis, as determined by the Ci ty Manager. Upon completion of his evaluation, Contractor shall submit a written report to the City Manager regarding the results of the Anti-Graffiti Program. For the purpose of this Agreement, Mr. Martinez shall be deemed to be an independent contractor, and not an agent or employee of the City, and shall not attain any rights or benefits under the Civil Service or Pension Ordinance of the City, or any rights generally afforded classified or unclassified employees. Further, he shall not be deemed entitled to Florida Worker's Compensation Benefits as an employee of the City or accumulations of sick or annual leave. Twenty-six point one (26.1) payments will be made in the amount of $1,331 bi-weekly for up to 12 months. Payment will be made every two (2) weeks. This Contract will be in effect for a period of 52 weeks, for a total amount of $34,739.10. The City of Miami Beach shall be responsible for payment of any Social Securi ty and Medicare payments required by law in addition to Contractor's weekly emolument for the agreed period for up to one-half of the total Social Security Payment to the Federal Government. Contractor will have access to a Ci ty vehicle throughout the term of this Agreement, as authorized by the City Manager, and solely for the purpose of fulfilling the scope of his employment herein. It is agreed Contractor will be able to participate in other personal service agreements with any agency or individual which does not create any actual or inferred conflict of interest with the City of Miami Beach. This Agreement may be party, by giving written termination, which shall following receipt by other terminated for convenience of either notice to the other party of such become effective thirty (30) days party of written termination notice. In the event of such termination for convenience of either party, the Contractor shall be paid a sum equal to all payments due to him up to the date of termination of this Agreement, provided Contractor is continuing to provide all services pursuant to the Agreement up to the date of termination. Contractor agrees to indemnify, defend and hold harmless, the City of Miami Beach and its officers, employees and agents, from and against any and all actions, claims, liabilities, losses, and expenses, including but not limited to, Attorney's fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, in law or in equity, which may arise or be alleged to have arisen from the negligent acts or omissions or other wrongful conduct of the Contractor or his subcontractors, employees, or agents in connection with the Contractor's performance of services pursuant to this Agreement. The Contractor's obligation under this article shall not include the obligation to indemnify the City of Miami Beach and its officers, employees and agents, from and against any actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the City and its officers, employees and agents. The parties each agree to give the other party prompt notice of any claim coming to its knowledge that in any way directly or indirectly affects the other party. This Agreement shall be enforceable in Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any and all terms or condi tions herein, exclusive venue for the enforcement of same shall lie in Dade County, Florida. The City desires to enter into this Agreement only if in so doing, the City can place a limit on City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $5,000.00. Contractor hereby expresses its willingness to enter into this Agreement with Contractor's recovery from the City for any damage action for breach of Contract to be limited to a maximum amount of $5,000.00. Accordingly, and notwi thstanding any other term or condi tion of this Agreement, Contractor hereby agrees that the City shall not be liable to Contractor for damages in an amount in excess of $5,000.00, for any action or claim for breach of Contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon Ci ty' s liabili ty as set forth in Section 768.28, Florida Statutes. All notices under the terms of this Agreement shall be sent to the following: CONTRACTOR: JORGE MARTINEZ 900 WEST A VENUE MIAMI BEACH, FLORIDA 33139 CITY: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 WITH COPIES TO: OFFICE OF THE CITY ATTORNEY CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 It is further agreed that this Agreement may be al tered, extended and amended only upon the written consent of both parties hereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by the respective officials thereunto duly authorized, this date and year first above written. Rok6 y~ City Clerk ~f..... .' .Lf-C t> y~ t,,4-1- {.( wi tness a: (t ,k 4l..11 ~ // . 1( {Lv .tLuei~ wi tbess JP:blbm:Agreement.JM CITY OF MIAMI BEACH A Florida Municipal Corporation Seymour Gelber FORM APPROVED LEGAL DEPT. By 1)1 ;rt~ Date 7/30 J ~6